HB 997: Penal institutions; limit time that Department of Community Supervision can hold certain inmates in a county facility

Currently county jails often hold state inmates, probation violators, and parole violators for extended periods while waiting on transfer to state facilities, and counties are reimbursed only $7.50 per day per inmate under Georgia law (O.C.G.A. Title 42). This bill changes several parts of that system. It limits the Department of Community Supervision (DCS) to holding sanctioned probationers in a county or municipal jail for no more than 60 days unless the local sheriff, warden, or police chief agrees to longer, and it says no court or DCS policy can force local law enforcement to transport probationers to state facilities. The bill also raises the reimbursement rate the Department of Corrections and the State Board of Pardons and Paroles must pay counties for housing state inmates, from $7.50 to $30.00 per day, and changes when that reimbursement period starts and stops. It generally requires that people convicted, revoked from probation, or revoked from parole not serve their sentences in a county facility, with some exceptions, such as agreements with the sheriff or inadequate facilities for female inmates.

• Caps DCS custody of sanctioned probationers in a county or municipal jail at 60 days unless the sheriff, warden, or police chief approves a longer hold.
• Bars courts and DCS from requiring sheriffs, wardens, or police chiefs to transport probationers to state facilities like probation detention centers.
• Raises the daily reimbursement rate the state pays counties for housing state inmates from $7.50 to $30.00 per inmate per day.
• Sets new start and end dates for when county reimbursement periods begin and terminate, tied to sentencing, revocation, or transfer dates.
• Generally prohibits felony parole violators from serving their sentence in a county jail unless there is an express agreement with the sheriff or warden.
• Requires the State Board of Pardons and Paroles to reimburse counties for medical expenses of arrested parole violators when funds are appropriated, changing 'may' to 'shall'.

County sheriffs, jail administrators, and local governments that house state inmates and probationers; the Department of Community Supervision; the Department of Corrections; the State Board of Pardons and Paroles; and people who are on probation or parole and may be held in county facilities.

Counties currently absorb much of the cost and logistical burden of holding state inmates and probationers awaiting transfer. Higher reimbursement rates and firmer time limits could ease strain on county jails and budgets, while restricting how long people can be held locally before moving to state custody.

• Section 1 amends O.C.G.A. § 42-3-113 to limit DCS holds of sanctioned probationers in county facilities to 60 days absent sheriff approval and bars forced transport orders on local law enforcement.
• Section 2 amends O.C.G.A. § 42-5-50 to prevent courts from ordering counties to transport inmates and clarifies the state pays counties per diem while inmates remain in physical custody of the sheriff or warden.
• Section 3 amends O.C.G.A. § 42-5-51 to raise the reimbursement rate from $7.50 to $30.00 per day per inmate and to define precise start and end dates for reimbursement based on sentencing or probation revocation orders.
• Section 3 also states counties are not entitled to reimbursement for days an inmate is not in physical custody of a county facility.
• Section 4 amends O.C.G.A. § 42-9-49 to generally bar felony parole violators from serving sentences in county jails absent agreement with the sheriff, sets the $30.00 per day reimbursement rate, and requires (rather than permits) medical expense reimbursement.
• Section 5 repeals conflicting laws.

1. 2026-03-03House Committee Favorably Reported By Substitute (House)
2. 2026-01-27House Second Readers (House)
3. 2026-01-16House First Readers (House)
4. 2026-01-15House Hopper (House)

• Rob Leverett (R, HD-123)Primary sponsor
• James Burchett (R, HD-176)
• Clint Crowe (R, HD-118)
• Danny Mathis (R, HD-133)
• Angie O'Steen (R, HD-169)
• Bill Hitchens (R, HD-161)

• county jails
• probation and parole
• prison reimbursement
• criminal justice
• sheriffs and law enforcement